Electronic Video Linkage Rules for Courts (Kerala), 2021, Rule 8(23) -- Examination of witness through video linkage - CW1 is employed in Dubai, whose presence could not be secured without delay and also without spending travelling and other expenses - Case is pending for the last 11 years - Moreover, examination of witness either through physical mode or through video..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Merely because appeal against decree sought to be executed is pending is no ground to stay its execution - Objections rejected - Warrants of possession and notice U.O.21.R.37 CPC was rightly ordered to be served upon JD...........
Criminal Procedure Code, 1973, Section 406 -- Transfer of case - Complaint is only at the stage of investigation - Nothing is pending before any Court as on date - Moreover, there are relevant provisions in Cr.P.C such as S.160 Cr.P.C. which act as a safeguard - No good ground to transfer of investigation - Application rejected...........
Civil Procedure Code, 1908, Order 9, Rule 9, Civil Procedure Code, 1908, Order 9, Rule 13 -- Applications for restoration of suit and setting aside ex parte decree - Guidelines issued to avoid delay in disposal of said applications: (i) At Numbering Stage- Such petitions shall be checked and numbered within a period of three (3) days; (ii) At Notice Stage- After..........
Indian Penal Code, 1860, Section 420, 406, 467, 468, 471 -- Cheating - Civil and criminal proceedings - Quashing of criminal proceedings - Case is purely a business transaction - Allegations as made in complaint itself are not sufficient to constitute a criminal offence - Matter is absolutely of a civil nature and civil suit was already pending - Complainant is misusing..........
Civil Procedure Code, 1908, Order 21, Rule 26 -- Stay of execution till decision of appeal - Appeal is pending for final arguments - Ends of justice would be met in case stay of execution proceedings is granted till decision of appeal - Application allowed...........
Negotiable Instruments Act, 1881, Section 138, 142(1), Criminal Procedure Code, 1973, Section 406 -- Dishonour of cheque - Transfer of case from one State to another State - Four out of six complaints filed at Delhi and two at Nagpur - All the six complaints relate to same transaction - It would be advisable to have a common adjudication to obviate possibility of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Criminal Procedure Code, 1973, Section 439 -- Contraband - Commercial quantity - Bail - Accused has already remained behind the bars for almost 1 year 2 months and 11 days - Investigation has been concluded, challan stands filed and charges framed - None of PWs out of 12 have been examined so far and..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Carbon copies of account statement - Documents in question already exhibited in the year 2006 and defendants have never challenged the said order - Plaintiffs have made mention of these documents in the plaint and defendants have not denied these documents in their written statement - Moreover, case was pending for..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Questions regarding truthfulness and validity of agreement in question or whether entire consideration was paid or not and plaintiff is having possession or not on alleged agreement land, could be decided after evidence - Therefore, interest of plaintiff in pending..........
